Removal or deportation not contempt etc. if no stay certificate or warrant
(1) Subject to subsection (2), if: (a) this Act requires the removal or deportation of a non‑citizen; and (b) there is no criminal justice stay certificate or criminal justice stay warrant about the non‑citizen; any other law, or anything done under any other law, of the Commonwealth or a State (whether passed or made before or after the commencement of this section), not being an Act passed after that commencement expressed to be exempt from this section, does not prevent the removal or deportation. (2) Subsection (1) does not permit the removal or deportation of a non‑citizen if that removal or deportation would be in breach of an order of the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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